Suspended Sentence For Driving Offences
Yesterday [Dec.14] in Magistrates Court, 25-year-old Jacal Minors was given a thirty day prison sentence – which was suspended for 12 months – for driving whilst disqualified for a second time
Mr Minors had pleaded guilty to driving whilst disqualified on 6th December 2011; and for doing so on a vehicle that was unlicenced and carried no third party insurance.
He was fined $500 on the no insurance charge, $200 on the no licence charge, and $500 fine plus a thirty day prison sentence for driving whilst disqualified on a second occasion during a period of disqualification.
The DPP Prosecutor told Senior Magistrate Archie Warner that Mr Minors had been convicted, for the first time, of driving whilst disqualified on 3rd March 2011.
The Senior Magistrate asked Mr Minors if, at that Court appearance, he had been warned that a second similar offence would incur a jail sentence. Mr Minors said that he could not remember.
The Senior Magistrate said that he warns every such offender and that he certainly would have done so when Mr Minors appeared before him in March of this year. “I tell everybody that if you come before the Court for a second time for driving whilst disqualified, you can go to prison.”
Asked if he had anything to say, Mr Minors said: “I’d like to see my daughter’s first Christmas.”
Magistrate Warner said to him: “You’ve called the Court’s bluff. You shouldn’t call a bluff unless you can afford to lose. Nobody can afford to lose. You tossed the dice and you have come up craps.”
The Magistrate went on: “If I give you ten days in prison, you will be out on Christmas Eve. You deserve an immediate custodial sentence. You don’t look like a young fool.”
The Magistrate then meted out the fines and sentence but said: “I will suspend the thirty day prison sentence for twelve months” and warned: “If you come before these Courts again within that year, this thirty day sentence can be activated.”
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Driving while disqualified on an unlicensed and uninsured bike. I think he should serve the 30 days anyway. How could he not see the issue with being uninsured let alone unlicensed AND off the road? Hopefully the hole burnt in his pocket from the fines will sting for awhile.
What exactly does “a young fool” look like? Are we handing out sentences based on what you look like? Somewhat worrying.